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Texas Bar Approves LGBT Legal Issues Section

By Phyllis Frye

AUSTIN, Texas
April 17, 1998

The Board of Directors of the State Bar of Texas has voted to approve the creation of a new section for legal study and continuing legal education that includes transgender issues.

The name of the Section is the "Sexual Orientation and Gender Identification (SO&GI) Issues Section." It is believed that this is the first official State Bar to have a study section that is inclusive of transgender issues in the very name of the section.

There were delaying tactics during the debate, but when it was all over, the vote was more than two to one for approving the formation of the new section.

I thought back to when I finished law school. I feel certain that as a transgender, I was the first OPEN and OUT law student in Texas, and I think I may have been the same for the entire USA. (I'm sure that someone will correct the second assumption, and that is fine.) But when I did become a lawyer in early 1980's I remember trying to get such a section started (as was approved last Friday in Austin). There were simply too many folks in the closet, and my efforts were wasted.

In the early 1990's I was a charter member of the Bar Association for Human Rights (BAHR) in Houston. It was TG inclusive in the by-laws. The name was chosen because most of the members were not out and those who were out were not yet out enough. It has been a good organization, and we have all learned a lot about LGBT legal issues and enjoy each others company and legal intercourse. (What a great way to use such a term -- ;-)))) ! ) And as you know, in the early 1990's I also started ICTLEP (the International Conference on Transgender Law and Employment Policy) which has held six annual conferences and has five bound volumes of "Proceedings" on TG legal issues and strategies. ICTLEP was formed back then because TG folks were not included in the LAMBDA Law, GLAAD or the NLGLA (National Lesbian and Gay Law Association). Much has changed and TG folks are in the NLGLA by-laws, on the NLGLA Board and fully integrated into the NLGLA's Lavender Law Conferences. (So much so that as a one year trial, ICTLEP has chosen not to compete with Lavender Law, but instead to throw its annual efforts into having its attendees instead attend the 15-17 October Lavender Law Conference to be held in Boston. For information, see www.nlgla.org.)

In 1996, BAHR past-President Mitchell Katine, a Houston lawyer, sought to form a section for the LGBT issues. It was called the "Gay and Lesbian Legal Issues Section." Even though TG folks were in the by-laws, I decided that since this was a new organization and the name was being created "from new cloth", then the name had to be Bi and TG inclusive. I forcefully urged the State Bar Board to disapprove this proposed section, and it was defeated by a narrow margin of one vote. After this vote the Bar Board changed the rules to make it much more difficult to start a new section (raised the number of required Texas attorney petitions from 75 to 200).

Mitchell has been a friend of mine for many years, and we remain friends. He changed the name of the proposed section to SO&GI, and working TOGETHER we began the work to get the new section approved which is what happened two days ago. Many present and past officers of BAHR were involved including but not limited to Anne Pike, Ken Spain, David Elliot, Connie Moore and Chris Bacon. Since I had been responsible for torpedoing the previous effort, I felt the duty to insure that the TG effort was substantial. I was told that we raised over 250 petitions and that those I had secured were substantial in number. I was also pleased to see six TG folks support me by attending the Friday State Bar Board hearings on this new section proposal.

The previous week I called my old high school buddy, Richard Pena, who is an Austin lawyer and the President-elect of the State Bar. He told me that we might have better luck getting this new section approved if we changed the name from an open SO&GI type name to a stealth BAHR type. I checked with Mitchell and others who were running the effort and was gladdened that we were no longer desiring to be stealth about it. After the successful vote to approve the SO&GI Issues Section, Richard joined Mitchell and Ken and me for photos that will be published in the "Texas Triangle" weekly next Friday. Mitchell and Ken and the others ran a good strategy and a good effort. I salute them and I was glad to be a part of it.

As we drank champagne in the hotel watering-hole (a different kind of bar, for sure), I learned that BAHR was probably going to change its name next year. It is time for a non-stealth name. I am proud of such maturity in the LGBT legal community. In many ways I feel that I have contributed much to this growing openness. I've been told that my being so very out and open down at the Harris County (Houston) Courthouses for the past 13 years has done more to give closeted LGB attorneys the courage to come out that any other factor. As they say to me, "If you can be so out and making a success both in your business and in you legal rulings, I may as well do the same." Being out is the best way for sure.

Courage to you all, Phyllis

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